[4-7-2026 by Ord. No. 8-2026, eff. 4-10-2026]
(1) 
CITIZENSHIP OR IMMIGRATION STATUS
shall have the same meaning as defined under the City Code of Pittsburgh Title 6, Article V, Chapter 651, Section 651.04(ss).
(2) 
CONTRACTOR OR SUBCONTRACTOR
shall mean any person or entity that receives City funds and is party to, or a subcontractor for, an agreement to provide services or goods to, or on behalf of, the City that is entered into, renewed, joined after the effective date of this Chapter.
(3) 
CITY AGENCY
shall mean any city department, division, commission, council, committee, board, or other body established by authority of ordinance, executive order, or Charter, including the Pittsburgh Bureau of Police.
(4) 
CITY
shall mean the City of Pittsburgh.
(5) 
EMPLOYEE
shall mean any individual employed by or acting on behalf of a City Agency.
(6) 
PURCHASER
shall mean any individual or entity seeking to buy an interest in City-owned real property.
(7) 
LESSEE
shall mean any individual or entity leasing City-owned real property or real property managed by the city after the effective date of this Chapter, including any individual or entity who subleases such property.
(8) 
JUDICIAL WARRANT
shall mean a warrant based on probable cause and issued by a judge appointed pursuant to Article III of the United States Constitution or a federal magistrate judge appointed pursuant to Section 631 of Title 28 of the United States Code.
(9) 
COURT ORDER
shall mean an order entered by a state or federal court, not including an administrative immigration court.
(10) 
287(g) AGREEMENT
shall mean any written Memorandum of Agreement, contract, or arrangement entered into pursuant to Section 287(g) of the Immigration and Nationality Act (8 U.S.C. § 1357(g)), authorizing local law enforcement officers to perform the functions of immigration enforcement agents.
(11) 
IMMIGRATION DETAINER
shall mean a request by a federal immigration enforcement agent to a federal, state, or local law enforcement agency that the law enforcement agency provide notice of release or maintain custody of an individual for purposes of civil immigration law enforcement, including Form I-247-A "Immigration Detainer - Notice of Action", Form I-247D "Immigration Detainer - Request for Voluntary Action", I-247X "Request for Voluntary Transfer", Form I-247N "Request for Voluntary Notification of Release", or any successor forms, as well as informal and verbal requests.
(12) 
ADMINISTRATIVE WARRANT
shall mean a document issued by an immigration enforcement official, including those from the United States Department of Homeland Security (DHS), United States Immigration and Customs Enforcement (ICE), or an administrative immigration judge (IJ), relating to suspected violations of immigration law, including an I-200 "Warrant for Arrest of Alien", I-205 "Warrant of Removal/Deportation", and any successor or similar forms. "Administrative warrant" shall include civil administrative warrants, administrative subpoenas, detainer requests, removal orders, entries in databases maintained by National Crime Information Center or other entities, and any similar civil order for the arrest or detention of an individual or for information but shall not include a judicial warrant or court order.
(13) 
IMMIGRATION ENFORCEMENT OFFICIAL
shall mean any federal employee or agent engaged in immigration enforcement operation, including but not limited to agents of U.S. Customs and Border Patrol (CBP), the Department of Homeland Security (DHS), and Immigration and Customs Enforcement (ICE).
(14) 
IMMIGRATION ENFORCEMENT OPERATION
shall mean any operation that has as its main objective the identification or apprehension of a person or persons: (a) in order to subject them to civil immigration detention, removal or deportation proceedings, and/or removal or deportation from the United States; or (b) to criminally prosecute a person or persons for offenses related to immigration status, including but not limited to violations of Sections 1253, 1304(e), 1306(a) and (b), 1325, or 1326 of Title 8 of the United States Code, or violations of Sections 1028A or 1546 of Title 18 of the United States Code.
(15) 
OTHER COVERED OCCUPANTS
shall mean all property managers, contractors, lessees, sub-lessees, assignees, and tenants of a purchaser of or lessee of property that is owned or managed by the City.
(16) 
MAY
shall only have a permissive meaning in this chapter.
(17) 
INFORMATION.
Any personal identifying information, including custody status, release date, photos, Social Security number, Individual Tax Identification Number, contact information, place of birth, country of origin, place of employment, school or educational institution records, income, status as a recipient of public benefits, public utilities accounts, medical information or disability information.
(18) 
LAW ENFORCEMENT OFFICER.
Any "peace officer" as defined in 18 Pa.C.S. § 501 (relating to definitions).
(19) 
ACCEPTABLE FORM OF IDENTIFICATION.
Identification cards or documents or a combination of identification cards or documents which the City agency or department, or the City agency or department that is the source of City funds, determines are sufficient to verify the appropriate information about the individual. "Identification cards" can include but are not limited to photo identity documents (ID) issued by a state and/or foreign government (such as a driver's license, passport or consular identification documents).
(1) 
No City agency, official, employee, contractor or subcontractor shall, in the course of duties carried out on behalf of the City, request or store information about a person's citizenship or immigration status, or about the citizenship or immigration status of a person's household members or associates, unless required to do so to comply with a court order or state or federal law. Any such information already in the possession of a City agency, that is not otherwise required to be maintained or stored by local, state, or federal law shall be deleted within 60 days after the effective date of this ordinance.
(2) 
No City agency, official, employee, contractor or subcontractor shall condition the provision of City benefits, services, or opportunities on a person's citizenship or immigration status or national origin, unless otherwise required to do so by court order or state or federal law.
(3) 
No City agency, official, employee, contractor or subcontractor shall, in the course of duties carried out on behalf of the City, threaten, coerce, or intimidate a person based on their actual or perceived citizenship or immigration status or that of any member of the person's household.
(4) 
No City agency, official, employee, contractor or subcontractor shall initiate an investigation or take law enforcement action based on a person's actual or perceived citizenship or immigration status, unless required to do so to comply with state or federal law or court order, including a judicial warrant.
(5) 
No City agency, official, employee, contractor or subcontractor, or other person or entity that receives City funds shall, in the course of duties carried out on behalf of the City, subject a person to a higher level of scrutiny or different treatment because they present an acceptable form of identification that is not a United States Passport, state-issued driver's license, or other state identification. This Subsection (5) shall not apply to the completion federal or state forms requiring a specific form of identification or license under defined circumstances.
(6) 
All applications, questionnaires, and interview forms used in relation to City benefits, opportunities, or services shall be promptly reviewed by the pertinent City agencies. Any questions regarding citizenship or immigration status, other than those required by local law, court order, or state or federal law shall be deleted within 60 days of the adoption of this ordinance.
(7) 
No City agency shall direct an official, employee, contractor or subcontractor to commit an act in violation of this section.
(1) 
No City agency, official, or employee shall, after a person becomes eligible for release from custody or would otherwise be free to leave an encounter with an agency, official, or employee, stop, arrest, detain, or continue to detain that person, based solely on any of the following:
(a) 
An immigration detainer;
(b) 
An administrative warrant; or
(c) 
Information or suspicion that a person is not present legally in the United States, or that the person has committed an immigration violation.
(2) 
No City agency, official, or employee shall:
(a) 
Permit immigration enforcement officials to access a person being detained by, or in the custody of, the agency or agent; transfer any person into the custody of immigration enforcement officials;
(b) 
Permit immigration enforcement officials to use City or City agency facilities, information (except as required under applicable local, state, or federal law) or equipment, including any agency electronic databases, for investigative interviews or other investigative purpose or for purposes of executing an immigration enforcement operation;
(c) 
Expend time to respond to immigration enforcement official inquiries or communicate with immigration enforcement officials regarding a person's custody status, release date, home address, work address, or other information (except as required under local, state, or federal law, or as necessary to communicate that a request for information is being denied). This Subsection (c) shall not apply to a circumstance where a person's family member asks a City agency or employee for help locating the whereabouts of such person if missing and not in the custody or control of a City agency or employee.
(d) 
Request, record, or access in government records the citizenship or immigration status of an individual, unless the action is required by state or federal law or court order.
(3) 
No City agency, official, or employee shall support or assist immigration enforcement officials in any capacity with facilitating immigration enforcement operations, including but not limited to requests to:
(a) 
Provide information (including contact information, custody status, release date, home address, or work address) for the purpose of facilitating immigration enforcement operations except as required under federal, state, or otherwise provided under local law;
(b) 
Investigate or interrogate persons for the purpose of facilitating immigration enforcement;
(c) 
Establish traffic perimeters for the purpose of facilitating immigration enforcement; or
(d) 
Otherwise be present to assist or support an immigration enforcement operation.
This Subsection (3) shall not prevent City agencies, officials, or employees from addressing threats to life or public safety, even when caused by immigration enforcement officials or by an immigration enforcement operation.
(4) 
The mayor or designated head of a major administrative unit is hereby authorized and directed to promulgate policies consistent with this section.
(1) 
Any contract, lease, or other agreement entered into by the City or a City agency with any lessee after the effective date of this ordinance that grants any interest in real property owned by the City or leases any interest in real property owned or managed by the City, which contains or will contain a building exceeding ten thousand (10,000) square feet or multiple buildings that collectively exceed ten thousand (10,000) square feet, shall contain the following provisions:
(a) 
With respect to all persons on the property, no lessee shall request, retain, or search for information about a person's citizenship or immigration status, or about the citizenship or immigration status of a person's household members or associates, unless required to do so to comply with a court order or state or federal law.
(b) 
Safe Community Protections. The property shall have clear signage to this effect stating the following: "In nonpublic areas of this property, a judicial warrant is required for law enforcement activities, and no voluntary consent may be solicited from any employee." A lessee shall not have the authority to consent to permitting a law enforcement officer or immigration enforcement official to enter a nonpublic area of the facility for the purpose, or in furtherance, of an operation executed in whole or part by federal authorities or out-of-state authorities that seeks:
(i) 
To identify or impose civil or criminal liability upon a person or entity based on their participation in activities protected by the First Amendment of the U.S. Constitution or Article 1 Section 7 of the Pennsylvania Constitution including assembly, petitioning, and speech; or
(ii) 
To identify, arrest or otherwise impose a penalty upon a person for purposes of federal immigration enforcement, including an immigration enforcement operation.
(c) 
The lessee shall require all other covered occupants to comply with and be bound the above Subsection (1)(a) and (1)(b) as if the other covered occupants were a lessee or purchaser.
(d) 
Subsection (1)(b) shall not prevent compliance with a valid judicial warrant authorizing entry or entry under exigent circumstances.
(e) 
The provisions of this Section 172A.04 shall apply to a lessee, for the entire duration of the lease, including during any and all terms of renewal.
(f) 
Noncompliance with the provisions of this Section 172A.04 shall be deemed a material breach of a purchaser's or lessee's obligations.
(g) 
Noncompliance with the provisions of this Section 172A.04 by a lessee or purchaser shall incur liquidated damages payable to the City for each instance of noncompliance equal to the greater amount of:
(i) 
One percent (1%) of the property's total assessed value as determined by the Office of Property Assessments of Allegheny County, including the sum of the building value and land value;
(ii) 
Twelve percent (12%) of either the monthly rent due under the lease or the prorated monthly rental payments due under a lease that is not charged on a monthly basis; or
(iii) 
Three hundred dollars ($300.00).
The Director of Finance may waive the requirements of this Section 172A.04 if including the aforementioned provisions might result in the loss of federal, state or similar funds or grants. The Director of Finance must notify City Council in writing of the decision to make any such waiver before any such waiver is made.
(1) 
The Council of the City of Pittsburgh hereby denies authorization of a 287(g) Agreement and therefore no City agency, official, or employee shall enter into, renew, or participate in a 287(g) Agreement.
(2) 
No City funds, personnel, equipment, or facilities shall be used to support the activities of a 287(g) Agreement.
(3) 
No City agency, official, or employee shall enter into, renew, or participate in a contract or agreement with U.S. Customs and Border Patrol (CBP), Immigration and Customs Enforcement (ICE), or any immigration enforcement official.
(1) 
Pittsburgh Bureau of Police officers may monitor any suspected immigration enforcement operation in the City.
(2) 
Pittsburgh Bureau of Police officers may request an alleged law enforcement officer or immigration official to present identification when there is probable cause or reasonable suspicion to believe the alleged law enforcement officer or immigration official has committed a crime, including, but not limited to, impersonation of a public servant under 18 Pa.C.S.A. § 4912 or official oppression under 18 Pa.C.S.A. § 5301.
(1) 
Enforcement. The Mayor or designated heads of major administrative units are authorized to promulgate rules and regulations for the enforcement of this Chapter.
(2) 
Any contract or other agreement entered into by the City or a City agency with any contractor or subcontractor shall contain a provision requiring the party to comply with this chapter. The provision shall also require the contractor or subcontractor to ensure that any and all subcontractors comply with this chapter. The Chief Procurement Officer may waive the requirements of this Subsection (2) if including the aforementioned provision might result in a party losing federal, state or similar funds or grants. The Chief Procurement Officer must notify City Council of the decision to make any such waiver in writing before any such waiver is made
(3) 
Any City official or employee, that receives a warrant or subpoena from federal immigration agents in the course of duties carried out on behalf of the City shall immediately convey it to the City Solicitor, or their designee, who will evaluate the City's obligation to comply.
(4) 
Anyone may report a violation of this chapter by a local law enforcement officer or local law enforcement professional to the Citizen Police Review Board.
(5) 
Anyone may report a violation of this chapter by a City official, employee, or agent to the Office of Municipal Investigations.
(6) 
Anyone may report a violation of this chapter by a contractor or subcontractor to the City's Office of Procurement.
(7) 
Anyone may report noncompliance with a contract provision imposed by section 172A.04 of this chapter to the City's Office of Procurement.
(1) 
This Chapter shall not be construed to compel, direct, or encourage any action by any employee or agent of the City, any member of the public or otherwise to engage in any act or omission which would constitute a violation of federal or state law or regulation.
(2) 
Nothing in this chapter shall prohibit a City agency, official, or employees from approving certifications requests for crime victims or witnesses applying for U or T visas, or other benefits.
(3) 
Nothing in this chapter shall prohibit cooperation with federal authorities in the investigation or prosecution of criminal activity when required by law.
(4) 
Nothing in this chapter shall be construed to restrict compliance with federal or state law where such compliance is mandatory.
If any provision of this chapter or application thereof to any person or circumstance is judged invalid, the invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared severable.